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suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, <br />Washington, and the Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the <br />courts of the state of Washington. Provided, that if the Subreoipient is a federally recognized Indian Tribe, <br />the parties agree that, in the event either party to this Agreement commences any suit relating to or <br />arising from the Agreement, the United States District Court for the Western District of the State of <br />Washington shall have the sole and exclusive jurisdiction over such proceeding, if the court lacks federal <br />subject matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited <br />purpose of permitting the State to enforce the terms of this Agreement in the Superior Court of <br />Washington under Washington law, and venue for such suit shall be the Superior Court of Thurston <br />County, Washington, This limited waiver of sovereign immunity is solely for the benefit of the State, This <br />limited waiver of sovereign immunity shall not be for, nor shall It be construed as for, the benefit of any <br />other person or entity, and the Tribe does not waive its immunity with respect to any action brought by, <br />or on behalf of, any other entity or person. <br />A.37 WAIVERS <br />No--doriditinris"or 'provisians"bf""this Agreement can be waived finless approved in advance by the <br />Department in writing. The Department's failure to insist upon strict performance of any provision of the <br />Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance <br />during such breach, shall not constitute a waiver of any right under this Agreement. <br />aH8-FEMA-H8CP-SHSP,FY24 Page 24 of 48 Kittitas County, E25.224 <br />